Rule 40D-4.091
SERC: 40D-4.091 SERC
The rule makes changes to the ERP Manual Part B. The rule relaxes the rule regarding a preference for on-site mitigation, and makes it easier to mitigate off-site or to use credits from a mitigation bank. The rule also provides requirements for demonstrating the financial ability to maintain the off-site mitigation property. This proof includes adequate ownership documentation, but does not require bank statements, financial statements, etc. Per the SERC, the District estimates that 172 applicants per year will need to seek mitigation. The SERC states there will be no adverse impact to those applicants as the changes to this rule are predominantly error corrections or implement policies already in place. Additionally, the SERC points out that the changes in mitigation policies will likely increase the applicants flexibility in providing mitigation.
